Canadian Standards Association, Applications for Renewal and Expansion of Recognition.

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. NRTL-2-92]

Canadian Standards Association, Applications for Renewal and Expansion of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

SUMMARY: This notice announces: (1) The application of Canadian
Standards Association for renewal of its recognition as a Nationally
Recognized Testing Laboratory under 29 CFR 1910.7, and (2) the
application of Canadian Standards Association for expansion of its
recognition to use additional standards and presents the Agency's
preliminary finding. This preliminary finding does not constitute an
interim or temporary approval of these applications.

DATES: Comments submitted by interested parties, or any request for
extension of the time to comment, must be received no later than April
2, 2001.

The Occupational Safety and Health Administration (OSHA) hereby
gives notice that the Canadian Standards Association (CSA) has applied
for renewal and for expansion of its current recognition as a
Nationally Recognized Testing Laboratory (NRTL). CSA's expansion
request covers the use of additional test standards.

OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in § 1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, OSHA can accept products "properly certified" by the
NRTL. OSHA processes applications related to an NRTL's recognition
following requirements in Appendix A to 29 CFR 1910.7. This appendix
requires that the Agency publish this public notice of the preliminary
finding on an application.

The most recent notices published by OSHA for CSA's recognition
covered an expansion for additional standards, which OSHA announced on
July 20, 1999 (64 FR 38926) and granted on November 4, 1999 (64 FR
60240). The following is a chronology of the other Federal Register
notices published by OSHA concerning CSA's recognition, all of which
involved an expansion of recognition for additional sites, standards,
or programs: a request announced on December 10, 1993 (58 FR 64973) and
granted on February 4, 1994 (59 FR 5446); a request announced on March
3, 1994 (59 FR 10173) and granted on August 9, 1994 (59 FR 40602) ; a
request announced on December 8, 1994 (59 FR 63383) and granted on
March 24, 1995 (60 FR 15595); and a request announced on July 12, 1996
(61 FR 36763) and granted on November 20, 1996 (61 FR 59110). The
renewal will incorporate all recognitions granted to CSA through the
date of publication of this preliminary finding.

The current address of the CSA testing facilities already
recognized by OSHA are:

CSA originated in 1919 as the Canadian Engineering Standards
Association (CESA), which was changed in 1944 to the present name. In
1940, CSA began to test and certify products. CSA received its
recognition as an NRTL on December 24, 1992 (see 57 FR 61452), for a
period of five years ending December 24, 1997. Appendix A to 29 CFR
1910.7 stipulates that the period of recognition of an NRTL is five
years and that an NRTL may renew its recognition by applying not less
than nine months, nor more than one year, before the expiration date of
its current recognition. CSA submitted its renewal request on March 20,
1997 (see Exhibit 26A), within the time allotted, and CSA retains its
recognition pending OSHA's final decision in this renewal process.

In July 1997, CSA acquired testing facilities that OSHA had
recognized for the American Gas Association on June 7, 1990 (55 FR
23312). Although OSHA was generally aware that CSA had made the
acquisition, CSA did not officially inform OSHA until March 1999 as to
how it wanted to treat these sites within its NRTL operations. The NRTL
Program staff had withheld action on CSA's renewal request until it
received this information.

CSA has submitted a request, dated June 16, 1999 (see Exhibit 26B),
to expand its recognition as an NRTL to include 195 additional test
standards. The NRTL Program staff has determined that 51 of the 195
standards are not "appropriate test standards," within the meaning of
29 CFR 1910.7(c). The staff makes such determinations in processing
expansion requests from any NRTL. Therefore, OSHA would approve 144
test standards for the expansion, which are listed below in the section
on expansion.

Renewal of NRTL Recognition

CSA seeks renewal of its recognition for the six sites that OSHA
has previously recognized. The renewal of each of these sites is
limited to performing testing to the test standards for which OSHA has
recognized CSA, and for which the site has the proper capability and
control programs. The renewal will allow CSA to maintain its current
operation as an NRTL.

CSA also seeks renewal of its recognition for testing and
certification of products to demonstrate compliance to the following
416 test standards, which OSHA has previously recognized for CSA. All
these standards are "appropriate," within the meaning of 29 CFR
1910.7(c). However, some of the test standards for which OSHA currently
recognizes CSA were no longer appropriate at the time of preparation of
this preliminary notice, primarily because they have been withdrawn by
the standards developing organization. As appropriate, OSHA has
eliminated or replaced these test standards in the list shown below.

OSHA recognition of any NRTL for a particular test standard is
limited to equipment or materials (i.e., products) for which OSHA
standards require third party testing and certification before use in
the workplace. As a result, the Agency's recognition of an NRTL for a
test standard excludes any product(s), falling within the scope of the
test standard, for which OSHA has no such requirements.

UL 6500 Audio/Visual and Musical Instrument Apparatus for Household,
Commercial, and Similar General Use

UL 8730-1 Electrical Controls for Household and Similar Use; Part 1:
General Requirements

(1) These standards are approved for equipment or materials
intended for use in commercial and industrial power system
applications. These standards are not approved for equipment or
materials intended for use in installations that are excluded by the
provisions of Subpart S in 29 CFR part 1910, in particular
§ 1910.302(a)(2).

Note: Testing and certification of gas operated equipment is
limited to equipment for use with "liquefied petroleum gas"
("LPG" or "LP-Gas").

Footnote "(1)" has been added for clarification and for
consistency with similar standards that are included for the expansion
request.

The designations and titles of the above test standards were
current at the time of the preparation of this notice. Many of the
Underwriters Laboratories (UL) test standards listed in this notice are
approved as American National Standards by the American National
Standards Institute (ANSI). However, for convenience in compiling the
lists, we use the designation of the standard developing organization
(e.g., UL 22) for the standard, as opposed to the ANSI designation
(e.g., ANSI/UL 22). Under our procedures, an NRTL recognized for an
ANSI approved test standard may use either the latest proprietary
version of the test standard or the latest ANSI version of that
standard, regardless of whether it is currently recognized for the
proprietary or ANSI version. Contact ANSI or the ANSI web site to find
out whether or not a standard is currently ANSI approved.

Programs and Procedures

CSA seeks continued use of the following supplemental programs and
procedures, based upon the criteria detailed in the March 9, 1995
Federal Register notice (60 FR 12980, 3/9/95). This notice lists nine
(9) programs and procedures (collectively, programs), eight of which an
NRTL may use to control and audit, but not actually to generate, the
data relied upon for product certification. An NRTL's initial
recognition will always include the first or basic program, which
requires that all product testing and evaluation be performed in-house
by the NRTL that will certify the product. OSHA has already recognized
CSA for these programs.

Program 2: Acceptance of testing data from independent
organizations, other than NRTLs.

Program 3: Acceptance of product evaluations from independent
organizations, other than NRTLs.

Program 4: Acceptance of witnessed testing data.

Program 5: Acceptance of testing data from non-independent
organizations.

Program 7: Acceptance of continued certification following minor
modifications by the client.

Program 8: Acceptance of product evaluations from organizations
that function as part of the International Electrotechnical Commission
Certification Body (IEC-CB) Scheme.

Program 9: Acceptance of services other than testing or evaluation
performed by subcontractors or agents.

OSHA developed the program descriptions to limit how an NRTL may
perform certain aspects of its work and to permit the activities
covered under a program only when the NRTL meets certain criteria. In
this sense, they are special conditions that the Agency
places on an NRTL's recognition. OSHA does not consider these programs
in determining whether an NRTL meets the requirements for recognition
under 29 CFR 1910.7. However, OSHA does treat these programs as one of
the three elements that defines an NRTL's scope of recognition.

Expansion of NRTL Recognition

CSA seeks recognition for testing and certification of products to
demonstrate compliance with the following 144 test standards, and OSHA
has determined the standards are appropriate, as prescribed by 29 CFR
1910.7(c). OSHA recognition of any NRTL for a particular test standard
is limited to equipment or materials (i.e., products) for which OSHA
standards require third party testing and certification before use in
the workplace. As a result, the Agency's recognition of an NRTL for a
test standard excludes any product(s), falling within the scope of the
test standard, for which OSHA has no such requirements.

UL 60730-2-16 Automatic Electrical Controls for Household and Similar
Use; Part 2: Particular Requirements for Automatic Electrical Water
Level-Operating Controls of the Float Type for Household and Similar
Applications

(1) These standards are approved for equipment or
materials intended for use in commercial and industrial power system
applications. These standards are not approved for equipment or
materials intended for use in installations that are excluded by the
provisions of Subpart S in 29 CFR part 1910, in particular Section
1910.302(a)(2).

Note: Testing and certification of gas operated equipment is
limited to equipment for use with "liquefied petroleum gas"
("LPG" or "LP-Gas").

Preliminary Finding

CSA has submitted acceptable requests for renewal and expansion of
its recognition as an NRTL. In processing these requests, OSHA has
performed an on-site review (evaluation) of CSA's facilities. CSA has
addressed the discrepancies noted by the assessor following the review,
and the assessor has included the resolution in the on-site review
report (see Exhibit 27).

Following a review of the application file, the on-site review
report, and other pertinent information, the NRTL Program staff has
concluded that OSHA can grant to CSA: (1) The renewal for the 6 sites
and the test standards and programs listed above, and (2) the expansion
for the additional 144 test standards. The staff therefore recommended
to the Assistant Secretary that the applications be preliminarily
approved.

Based upon the recommendation of the staff, the Assistant Secretary
has made a preliminary finding that the Canadian Standards Association
can meet the requirements as prescribed by 29 CFR 1910.7 for the
renewal and expansion of recognition. This preliminary finding does not
constitute an interim or temporary approval of the applications for CSA.

OSHA welcomes public comments, in sufficient detail, as to whether
CSA has met the requirements of 29 CFR 1910.7 for the renewal and
expansion of its recognition as a Nationally Recognized Testing
Laboratory. Your comment should consist of pertinent written documents
and exhibits. To consider it, OSHA must receive the comment at the
address provided above (see ADDRESSES), no later than the last date for
comments (see DATES above). Should you need more time to comment, OSHA
must receive your written request for extension at the address provided
above (also see ADDRESSES) no later than the last date for comments
(also see DATES above). You must include your reason(s) for any request
for extension. OSHA will limit an extension to 30 days, unless the
requester justifies a longer period. We may deny a request for
extension if it is frivolous or otherwise unwarranted You may obtain or
review copies of CSA's requests, the on-site review report, and all
submitted comments, as received, by contacting the Docket Office, Room
N2625, Occupational Safety and Health Administration, U.S. Department
of Labor, at the above address. You should refer to Docket No. NRTL-2-92,
the permanent record of public information on CSA's recognition.

The NRTL Program staff will review all timely comments and, after
resolution of issues raised by these comments, will recommend whether
to grant CSA's renewal and expansion requests. The Assistant Secretary
will make the final decision on granting the renewal and expansion, and
in making this decision, may undertake other proceedings that are
prescribed in Appendix A to 29 CFR 1910.7. OSHA will publish a public
notice of this final decision in the Federal Register.

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